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Should I Sign This Tenancy Agreement? - Properties (5) - Nairaland

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Re: Should I Sign This Tenancy Agreement? by Softhands(m): 4:18pm On May 12, 2021
Lekan239:
and this same ibos are too dirty.
true...I had an ibo tenant who was in the habit of flushing sanitary pads and baby diapers... Their closet kept getting blocked until the plumber adviced to eject them before they damage the toilets totally.
Re: Should I Sign This Tenancy Agreement? by Synord(m): 4:19pm On May 12, 2021
helpee:
oga lawyer,say you are looking for client. There is nothing ambiguous in those two clauses. I am not a lawyer. The landlord should have a reasonable right of inspection of his property. They may just time it...maybe annually or six monthly and then with maybe two weeks notice. Secondly, you want to make any structural change to my property even if it is painting, you let me know. That is standard

Your third sentence is the reason why you feel there is nothing with those clauses . Trust me .

There are things wrong with the clauses
Re: Should I Sign This Tenancy Agreement? by somehow: 4:22pm On May 12, 2021
drealcivilceno:


True... but there are other factors sha.

I have aunt that packed her vital stuff and told the landlady she was coming back for the rest, till today she has not packed.

So to break in is inevitable.

That one is simple, a visit to the nearby court solves it.
Re: Should I Sign This Tenancy Agreement? by TrebleChamp(m): 4:28pm On May 12, 2021
Gavel:

The word "covenant" is a standard word in every legal document.
Ok, thanks....
Re: Should I Sign This Tenancy Agreement? by helpee(m): 4:31pm On May 12, 2021
Synord:


Your third sentence is the reason why you feel there is nothing with those clauses . Trust me .

There are things wrong with the clauses
infact, in Australia, you can't even repaint the house without an express permission of the landlord and people prepare specially for inspection because should your landlord not be happy with the way you are using his house, he will give you quit notice. The problem is, getting a new house won't be easy because subsequent landlord want a reference from your work place and previous landlord. Landlord should have right of inspection at reasonable time is the key

Re: Should I Sign This Tenancy Agreement? by makemoneywbsite: 4:33pm On May 12, 2021
Gavel:

Demised property is a legal phrase meaning the property to be let.

Dead property? Okay...
Re: Should I Sign This Tenancy Agreement? by GistFullGround: 4:37pm On May 12, 2021
sorom4:
I don't know if there are rules applicable to this in Nigeria but Landlords abroad have the right to do this


In the US, any landlord can enter your apartment or rental property (At least 48hrs) provided you give them notice,

What are you afraid of,
1. Did expect to kill someone and hide it?
2. Is your place so dirty and you are ashamed of it?
3. Do you have fake "tenants" living with you?

If you cannot be responsible, then go build your own house!



Re: Should I Sign This Tenancy Agreement? by somehow: 4:42pm On May 12, 2021
executive12:


The agreement did not say at all times. It said reasonable time. That implies that the tenant's permission will be sought to ensure that it's convenient for the tenant.
Who is to determine when is reasonable?
Re: Should I Sign This Tenancy Agreement? by Synord(m): 4:48pm On May 12, 2021
helpee:
infact, in Australia, you can't even repaint the house without an express permission of the landlord and people prepare specially for inspection because should your landlord not be happy with the way you are using his house, he will give you quit notice. The problem is, getting a new house won't be easy because subsequent landlord want a reference from your work place and previous landlord. Landlord should have right of inspection at reasonable time is the key

Issues with clause B3.

1) prior “ Written “ Consent of the landlord . This means even if Consent is granted , it must be clearly written and action carried out by the tenant upon the unwritten consent of the landlord is null and void . As such , no matter how dire or urgent the situation is , no matter how far away the landlord might be , a clear written authorization of the landlord must be available before any sort structural change , no matter how minut , is carried out .

Do you get now ?

If a certain paint of his house is leaking during an heavy rain and urgently needs to be done by molding a block or structurally adjusting maybe the window or burglary , it can’t be done without the express “ Written “ permission of the landlord .

A proper option in this regard would have been

A) just put “ Prior Consent “ of the landlord .
B) such structural alteration if done in line with an imminent emergency or disaster is subject to final approval by the landlord whose consent can be sorted after same is carried out as long as such alteration , addition or subtraction is in line with the terms of this agreement and done in good faith .


2) Issue Two with clause B3

No Force Majuere . - What if an act of God , or event prevents the tenant from seeking the written consent of the landlord before carrying out this structural adjustment .

Let’s say there’s an imminent flood about to enter the house and in a bid to save his properties , he breathes or quickly rearranges something in that house , should he still be held liable for breaching “ the written consent of the landlord approval”.

There are still issues with B3 but I will stop with these two .


Please note my issues are with clause B3 , B4 and the attention segment of the agreement and not with the issue of whether the landlord consent should be sorted before the House is repainted . Of course , you will be right in that regard .

But the problematic clauses have been highlighted above
Re: Should I Sign This Tenancy Agreement? by helpee(m): 4:54pm On May 12, 2021
Synord:


Issues with clause B3.

1) prior “ Written “ Consent of the landlord . This means even if Consent is granted , it must be clearly written and action acted upon the unwritten consent of the landlord is unfavorable . As such , no matter how dire or urgent the situation is , no matter how far the landlord might be , a clear written authorization of the landlord must be available before any structural changes is carried out .

Do you get now ?

If a certain paint of his house is leaking during an heavy rain and urgently needs to be done by molding a block or structurally adjusting maybe the window or burglary , it can’t be done without the express “ Written “ permission of the landlord .

A proper option would have been

A) just put “ Prior Consent “ of the landlord
B) such structural alteration is done if done in line with an imminent emergency or disaster is subject to final approval by the landlord whose consent can be sorted after same is carried out as long as such alteration , addition ,Most subtraction is in line with the terms of this agreement and done in good faith .


2) Issue Two with clause B3

No Force Majuere . - What if an act of God , or event prevents the tenant from seeking the written consent of the landlord before carrying out this structural adjustment .

Let’s say there’s an imminent flood about to enter the house and in a bid to save his properties , he breathes or quickly rearranges something in that house , should he still be held liable for breaching “ the written consent of the landlord approval”.



All these are not reasonable excuse. Imminent flood? From where? Rearrangement has nothing to do with structural changes. To make structural changes require time and planning and artisans. All the time you are using to make preparations is enough to inform your landlord. I haven't seen any tenancy agreement that doesn't include the clause that you can't make structural changes to the house without the permission of the landlord. If you are my lawyer and you draft an agreement without that clause, I won't pay you anyway. As per inspection, it is worldwide. Landlord must have a reasonable right to inspect their house. Check this write up I attached from far away australia and see how people prepare for landlord inspection

NB- any imminent flood that gives you time to make structural changes is no longer an emergency. You must inform your landlord. If it is really flood that won't give you notice then what you need is evacuation not structural changes to someone property. Quickly look for a way to move your things out for your own safety

Re: Should I Sign This Tenancy Agreement? by Lekan239(m): 5:16pm On May 12, 2021
executive12:


Dirty Everyone, including you, know that 'dirty' is not a word you associate with the Igbos.
It's more commonly associated with the ethnic group that go by the name Lekan, etc. Nigerians generally agree on that.
you guy are known to always throw blame and insult other tribes, anyways for you info, i grew up in a region where majority of the people living in the state are igbo, infact i will call it an igbos state. the ikwerres are outcast igbos, one of the similarities bewteen them and igbos is they both are very very dirty
Re: Should I Sign This Tenancy Agreement? by goodvision12(m): 5:21pm On May 12, 2021
Synord:
This is a poorly drafted and ambiguous agreement .

Clause b3 and b4 are ambiguous . The attention aspect of the agreement is ambiguous , unneeded and poorly drafted .


What you are asking for is a professional legal advice which I can offer but of course, it is not free .

I would advise you don’t sign the agreement and if you need proper reasons as to why and what to do next , you can contact me via Pm or seek a nearby lawyer .

Remember , ignorance of the law is not an excuse and violenti non fit injuria .

Volenti non fit injuria which means consent to injury.You made me remember my insurance lecturer back in the days at laspotech.
Re: Should I Sign This Tenancy Agreement? by Lekan239(m): 5:21pm On May 12, 2021
Softhands:
true...I had an ibo tenant who was in the habit of flushing sanitary pads and baby diapers... Their closet kept getting blocked until the plumber adviced to eject them before they damage the toilets totally.
exactly, here in Ado its so unfortunately for me i found myself living in their midst, 90% of my neighbours are igbos(from Ebonyi precisly). My eyes have seen a lot, very very dirty tribe. though not all are
Re: Should I Sign This Tenancy Agreement? by Synord(m): 5:59pm On May 12, 2021
helpee:
All these are not reasonable excuse. Imminent flood? From where? Rearrangement has nothing to do with structural changes. To make structural changes require time and planning and artisans. All the time you are using to make preparations is enough to inform your landlord. I haven't seen any tenancy agreement that doesn't include the clause that you can't make structural changes to the house without the permission of the landlord. If you are my lawyer and you draft an agreement without that clause, I won't pay you anyway. As per inspection, it is worldwide. Landlord must have a reasonable right to inspect their house. Check this write up I attached from far away australia and see how people prepare for landlord inspection

NB- any imminent flood that gives you time to make structural changes is no longer an emergency. You must inform your landlord. If it is really flood that won't give you notice then what you need is evacuation not structural changes to someone property. Quickly look for a way to move your things out for your own safety

You are not getting the point . Nobody is saying it should be done without the landlord permission or landlord can’t inspect . I

Please read my last response more carefully .

Please feel free to also google structural changes to understand the true meaning of same
Re: Should I Sign This Tenancy Agreement? by hairyman(m): 6:00pm On May 12, 2021
I have noted one lawyer here who has adviced you professionally, i suggest that you consider his advice.

Concerning the reference to Igbos as troublesome tenants, my opinion of that is that there are strong cultural differences between the Yoruba and Igbos.
We Igbos have a republican, achievement based culture, while Yorubas have a somewhat hierachical, age/bloodline based culture.

This cultural difference, many times, predispose a Yoruba man to consider an Igbo disrespectful, a considerable source of conflict in tenancy arrangements.
The Igbo man is unlikely to be tolerant of the Landlords deeds which he considers an infringement on his rights, irrespective of his age or social standing.
Whether he is right or wrong in considering a matter his right is different. The point is his worldview and consequent action(s)

I think that what is required is a mutual understanding of our differences.

I would rather have my landlord understand that what we have is a business arrangement when i rent his house, not, for instance, a greeting or social arrangement such that disrespect or any such social term should have no reason to occur.

This is not to say that there are no troublesome tenants. But they exist on all sides from all places.

P.S If you are a Yoruba man or anybody from anywhere else and you see an Igbo Landlord who says he doesn't want Igbo tenants, run away from him, he is a bag of trouble. I can take anybody on a bet on this anytime.

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Re: Should I Sign This Tenancy Agreement? by helpee(m): 6:29pm On May 12, 2021
Synord:


You are not getting the point . Nobody is saying it should be done without the landlord permission or landlord can’t inspect . I

Please read my last response more carefully .

Please feel free to also google structural changes to understand the true meaning of same

Re: Should I Sign This Tenancy Agreement? by 4reala(m): 6:49pm On May 12, 2021
vision202020:
So I decided to rent a better apartment for myself. So my landlord gave me this tenancy agreement to sign. This is my first time of signing such since I have been renting house so I decided to bring it here for the Learned and Legal practitioners to help me go through it before signing.
Thanks
I think that tenement rate is supposed to be burned by the landlord
Re: Should I Sign This Tenancy Agreement? by iamdapsyj(m): 6:53pm On May 12, 2021
somehow:


This must be changed.

The landlord does not have right to enter his premises once payment is made without his permission.

That is actually not true. A landlord can enter his premises for inspection so long the tenant has been given prior notice.

The reason why that is done is to know whether the property is not used for something else. Some tenants do partition their rented apartment for other uses (commercial use).
Re: Should I Sign This Tenancy Agreement? by GRADEXP2(m): 7:16pm On May 12, 2021
dominique:
Confusing English. Which one is demised premises Bayi?

It is legal language
Re: Should I Sign This Tenancy Agreement? by NwaliE01: 8:19pm On May 12, 2021
somehow:


This must be changed.

The landlord does not have right to enter his premises once payment is made without his permission.
Go through the agreement again. He can only enter the said apartment prior to approval by the tenant.
This is usually imbedded in an agreement to enable landlord carry out structural inspection and repairs even when a tenant is still on rental. Example of such repairs category includes leaking roof or crack wall.
The clause is very vital because some tenants can actually say no to the landlord if such is not in the tenancy agreement.
He still has no right to forcefully gain access into a rented apartment.
Re: Should I Sign This Tenancy Agreement? by Uniique(m): 9:27pm On May 12, 2021
dfrost:


Try to make use of some instead of most.

Generalisation is not good. Example is saying most Nigerians are potential fraudsters.

Of course we all know most Nigerians are *potential* fraudsters
Re: Should I Sign This Tenancy Agreement? by romunu(m): 9:30pm On May 12, 2021
My guy run ooo,don’t rent that apartment,many things de under that agreement
Re: Should I Sign This Tenancy Agreement? by Richthekid: 10:49pm On May 12, 2021
Oh
Re: Should I Sign This Tenancy Agreement? by Debendu(m): 5:12am On May 13, 2021
My kind advice. I know this man do not sign this agreement else you will regret signing
Re: Should I Sign This Tenancy Agreement? by SpecsyGrachi(f): 6:35am On May 13, 2021
It's a fair tenancy agreement. That no 4 only means that when ever it's late, the landlord shouldn't be let in to the house. It should 9nly be when eyes van see and ear can hear. You're responsible for internal repairs and he is responsible for external repairs. If you sign it, you must abide by the terms and conditions. Good luck
Re: Should I Sign This Tenancy Agreement? by prof2007: 11:00am On May 13, 2021
"Demised premises" means a piece of land with the buildings on it, that have been transferred by lease.

They are the parts of the premises the leaseholder or tenant is permitted to occupy. This is important to note in a legal agreement because there may be parts of the land or building that are to be retained by the landlord.

dominique:
Confusing English. Which one is demised premises Bayi?
Re: Should I Sign This Tenancy Agreement? by prof2007: 11:05am On May 13, 2021
Please explain why you want the word "covenant" changed.

In law, it simply means an agreement (usually formal) between 2 or more persons to do or not do something specified.

incogni2o:

tell him to change the word covenant
Re: Should I Sign This Tenancy Agreement? by prof2007: 11:06am On May 13, 2021
Very good observation and advice. Kudos!

tnerro1:
The only issue I see is where he said if you want to stay the next period, you should pay the rent 3 months before you start the next period. Talk to him, the economy is hard, let him give you a grace of 1 month after your tenancy is up to pay or you agree to pack out if you fail to meet the one month grace period without need for court papers. It should be in writing and both of you sign with witnesses and get it documented in court
Re: Should I Sign This Tenancy Agreement? by VinBukky(m): 3:53pm On May 13, 2021
Adamma Apartment grin angry
Re: Should I Sign This Tenancy Agreement? by dfrost: 10:17am On May 14, 2021
Uniique:


Of course we all know most Nigerians are *potential* fraudsters

cheesy please don't crack me up this morning.

1 Like

Re: Should I Sign This Tenancy Agreement? by Coolgent(m): 8:02pm On Aug 08, 2022
Softhands:
Most Yoruba landlords hate anything ibo...not because the tribe is bad, but most ibos who live in Lagos have a reckless way of handling other people's property. And the moment such landlord questions their recklessness, they always result in nasty fights...so most Lagos landlords avoid anything ibo.
You are very correct.
My sister had an issue with her igbo tenant....
The money he paid for 3 years can't repair the damages he caused to the property.
Worst part of it was he is drug dealer

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